As our readers know, the 2020 Georgia Legislative Session amended Georgia’s Lien Laws, and these new rules take effect on January 1, 2021.  These amendments to the laws were in response to a Georgia Court of Appeals decisions which negatively impacted construction professionals. In anticipation of this, we have completely revised our Georgia Handbook
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by Mark A. Cobb Those contractors or suppliers who file Claims of Lien against their projects usually understand that filing the materialmen’s lien is the first step to recovering the amount which is owed.  Filing the lien is often the easier part but how to proceed after the lien is filed requires an analysis of
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by Mark A. Cobb Mechanics’ lien and materialmen’s in Georgia will automatically expire unless the lien claimant takes steps to enforce the lien. Although there are other statutory requirements, the first step to enforce a Georgia lien is described in O.C.G.A. § 44-14-361.1 which requires that the lien claimant commences a “lien action” for recovery
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A potential client just called with a wonderful question: he had filed a Claim of Lien in Georgia, but he wanted to know if we would enforce his lien rights even though we did not file his original lien. Yes, is the answer. There are many lien services–and even some law firms–that only file a
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Potential clients regularly call us and ask how long a lien lasts in Georgia.  As is true in most areas of law, the short answer is “it depends.” Georgia Liens are Valid for One Year: In Georgia, a Claim of Lien is valid for one year from the date that the lien is filed.  If
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When a building material supplier has not been paid for labor or materials used on a Georgia construction project, that supplier may place a materialman’s lien against the owner of the improved real property; this is true even if the owner has no contractual relationship with that supplier. Such a lien essentially transfers liability from
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by Mark Cobb It would be wonderful to live in a world where a handshake or a person’s word meant something. The Georgia Court of Appeals just handed down a verdict in First Bank of Georgia v. Robertson Grading which will make you question whether or not you can trust any body when it comes
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  Georgia Materialmen’s Lien If you have provided labor, materials, equipment or other services on a construction project AND you have not received payment, then you may be entitled to file a lien under Georgia’s current lien laws.  Determining who may file a lien and when a lien may be filed can be tricky, but
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  by Mark A. Cobb (UPDATED MAY 9, 2013)  GOVERNOR SIGNED HB 434 INTO LAW; click here for more information! We love sharing good news about pending changes to Georgia’s lien laws!  A couple of weeks ago, we published a blog post about Georgia 2013 HB 434 which allows Georgia lien claimants to include both
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by Mark A. Cobb Admittedly, the Mechanics and Materialmen’s Lien Act gives Georgia’s contractors, subcontractors and material suppliers a giant step towards getting the money they are owed.  And, a giant step is a wonderful gift, but there are other steps which must be undertaken if the lien claimant wishes to enforce its lien.  As
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